Terms of Service

Contour, LLC. (“Contour”, “we” or “our”) provides the Contour service, which is, among other things, an online community to share videos made with Contour wearable video cameras (the “Service”) through our website, accessible at www.contour.com (the “Site”). Please read carefully the following terms and conditions (“Terms”) and our Privacy Policy, which may be found at /legal/privacy and which is incorporated by reference into these Terms. These Terms govern your access to and use of the Site and the Service and, except as otherwise provided in these Terms, all text, graphics, images, music, software, audio, video, information or other materials available through the Site and Service (“Content”), and constitute a binding legal agreement between you and Contour.

Certain areas of the Site (and your access to or use of certain aspects of the Service or Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Service or Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Service or Content.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR THE SERVICE OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE OR THROUGH THE SERVICE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICE OR CONTENT. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

MODIFICATION

Contour reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or Service or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of this Terms of Service. By continuing to access or use the Site or the Service after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and the Service.

ELIGIBILITY

The Site and Service are intended solely for persons who are 18 or older. Any access to or use of the Site or Service by anyone under 18 is expressly prohibited. By accessing or using the Site or Service you represent and warrant that you are 18 or older.

ACCOUNT REGISTRATION

In order to access certain features of the Site and Service and to post any Content on the Site or through the Service, you must register to create an account (“Account”) and become a member (“Member”). During the registration process, you will be required to provide certain information and you will establish a username and a password. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Contour reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify Contour of any unauthorized use of your Account.

SHIPPING & DELIVERY

Your items will leave our warehouse within 24 hours after you place your order (except for weekends and national holidays).

Occasionally, we learn we are unable to fulfill the order due to low product availability. In these rare cases, we will notify by email of the new ship and delivery times.

Items ship as they become available. Once the item leaves our warehouse, the shipping method you choose on the Checkout page determines when shipped items will arrive to your shipping address.

Shipping Confirmation & Tracking

After your items have left our warehouse, you will receive an email with tracking information for your order.

Shipping Methods

We use the best shipping partners available; including the United States Postal Service and UPS. Items shipped Standard via United States Postal Service deliver within 5 to 7 business days after shipping.

PRIVACY

See Contour’s Privacy Policy at /legal/privacy for information and notices concerning Contour’s collection and use of your personal information.

OWNERSHIP

The Site, Service and Content are protected by copyright, trademark and other laws of the United States and foreign countries. Except as expressly provided in these Terms, Contour and its licensors exclusively own all right, title and interest in and to the Site, Service and Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Service or Content.

CONTENT LICENSE

Subject to your compliance with the terms and conditions of these Terms, Contour grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access, view and download any Content solely for your personal and non-commercial purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, Service or Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Contour or its licensors, except for the licenses and rights expressly granted in these Terms.

USER CONTENT

Members may post, upload, publish, submit or transmit text, graphics, images, music, audio, video, information or other materials to be made available through the Site and Service (“User Content”). By making available any User Content through the Site and Service, you hereby grant to Contour a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, reference, store, cache, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content on, through or by means of the Site and the Service in any form, medium or technology now known or later developed, in whole or in part, for any purposes, including for both commercial and non-commercial purposes. By making available any User Content through the Site and Service, you also hereby grant to Contour a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, to use, copy, adapt, modify, distribute, reference, store, cache, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content on and through third-party distribution channels selected by, but not affiliated with, Contour, in any form, medium or technology now known or later developed, in whole or in part, for any purposes, including for both commercial and non-commercial purposes; you also grant Contour the right to sublicense these rights to third parties for distribution via third party distribution channels, which may include viral distribution of your User Content. You agree that neither Contour nor any third party distribution channels have any obligation to provide any compensation to you for your User Content or the licenses granted herein. Contour does not claim any ownership rights in any such User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content.

You acknowledge and agree that you are solely responsible for all User Content that you make available through the Site or Service. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Site or Service or you have all rights, licenses, consents and releases that are necessary to grant to Contour the rights in such User Content, as contemplated under these Terms; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Contour’s use of the User Content (or any portion thereof) on, through or by means of the Site and the Service will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

FEEDBACK

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Service (“Feedback”). You may submit Feedback by emailing us at [email protected] or through the “Support” section of the Site. You acknowledge and agree that all Feedback will be the sole and exclusive property of Contour and you hereby irrevocably assign to Contour and agree to irrevocably assign to Contour all of your right, title and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At Contour’s request and expense, you will execute documents and take such further acts as Contour may reasonably request to assist Contour to acquire, perfect and maintain its intellectual property rights and other legal protections for the Feedback.

GENERAL PROHIBITIONS

You agree not to do any of the following:

Post, upload, publish, submit or transmit any text, graphics, images, music, audio, video, information or other material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances.

Use, display, mirror or frame the Site, or any individual element within the Site, Contour’s name, any Contour trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Contour’s express written consent;

Access, tamper with, or use non-public areas of the Site, Contour’s computer systems, or the technical delivery systems of Contour’s providers;

Attempt to probe, scan, or test the vulnerability of any Contour system or network or breach any security or authentication measures;

Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Contour or any of Contour’s providers or any other third party (including another user) to protect the Site, Service or Content;

Attempt to access or search the Site, Service or Content or download Content from the Site or Service through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Contour or other generally available third party web browsers;

Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

Use any meta tags or other hidden text or metadata utilizing a Contour trademark, logo URL or product name without Contour’s express written consent;

Use the Site, Service or Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;

Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Service or Content to send altered, deceptive or false source-identifying information;

Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Service or Content;

Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;

Collect or store any personally identifiable information from the Site or Service from other users of the Site or Service without their express permission;

Impersonate or misrepresent your affiliation with any person or entity;

Violate any applicable law or regulation; or

Encourage or enable any other individual to do any of the foregoing.

Contour has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Contour may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Contour has no obligation to monitor your access to or use of the Site, Service or Content or to review or edit any User Content, but has the right to do so for the purpose of operating the Site and Service, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Contour reserves the right, at any time and without prior notice, to remove or disable access to any Content, including any User Content, that Contour, at its sole discretion, considers to be in violation of these Terms or otherwise harmful to the Site or Service.

COPYRIGHT AND IP POLICY

Contour respects copyright law and expects its users to do the same. Contour has adopted and implemented a policy that provides for the termination in appropriate circumstances of Members who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Contour’s Copyright and IP Policy at /legal/copyright for further information.

LINKS

The Site may contain links to third-party websites or resources. You acknowledge and agree that Contour is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Contour of such websites or resources or the content, products or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

TERMINATION AND ACCOUNT CANCELLATION

If you breach any of these Terms, Contour will have the right to suspend or disable your Account or terminate these Terms, at its sole discretion and without prior notice to you. Contour reserves the right to revoke your access to and use of the Site, Service and Content at any time, with or without cause. You may cancel your Account at any time by sending an email to [email protected]

DISCLAIMERS

THE SITE, SERVICE AND CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, CONTOUR EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. CONTOUR MAKES NO WARRANTY THAT THE SITE, SERVICE OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. CONTOUR MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR CONTENT PURCHASED OR OBTAINED THROUGH THE SITE OR SERVICE OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE OR SERVICE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CONTOUR OR THROUGH THE SITE, SERVICE OR CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICE. YOU UNDERSTAND THAT CONTOUR DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SITE OR SERVICE, NOR DOES CONTOUR MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR SERVICE. CONTOUR MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICE OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE OR SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.

INDEMNITY

You agree to defend, indemnify, and hold Contour, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with the User Content you submit to the Site and your access to or use of the Site, Service or Content, or your violation of these Terms.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICE AND CONTENT REMAINS WITH YOU. NEITHER CONTOUR NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICE OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICE OR CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE OR SERVICE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CONTOUR HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL CONTOUR’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICE OR CONTENT EXCEED ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CONTOUR AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

PROPRIETARY RIGHTS NOTICES

All trademarks, service marks, logos, trade names and any other proprietary designations of Contour used herein are trademarks or registered trademarks of Contour. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

CONTROLLING LAW AND JURISDICTION

These Terms and any action related thereto will be governed by the laws of the State of Washington without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the state and federal courts located in the Western District of Washington and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

ENTIRE AGREEMENT

These Terms constitute the entire and exclusive understanding and agreement between Contour and you regarding the Site, Service and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Contour and you regarding the Site, Service and Content.

ASSIGNMENT

You may not assign or transfer these Terms, by operation of law or otherwise, without Contour’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Contour may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

NOTICES

Any notices or other communications permitted to required hereunder, including those regarding modifications to these Terms, will be in writing and given: (i) by Contour via email (in each case to the address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

GENERAL

The failure of Contour to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Contour. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.